HC Allows Delhi Govt to Take Over UCMS from DU

New Delhi: Vacating an Interim Order dating back to 2016, the Delhi High Court has now paved the way for the Delhi Government to take over the University College of Medical Sciences Block and Guru Teg Bahadur Hospital Complex (UCMSB-GTBH).

Several PILs had been filed before the HC bench by associations consisting of teaching and non-teaching staff of UCMS, who challenged various orders passed by the Central and Delhi Government and also the Delhi University to implement the Union Cabinet's decision dated August 25, 2005.

While the Central Government had decided to bring UCMSB-GTBH under the unified control of the Delhi Government, this decision was stayed by an interim order dating back to 2016.

However, vacating this order, the HC bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, observed, "We are of the considered opinion that the non-implementation of the Cabinet Decision at the instance of the Petitioners herein (who have a tacit support of Respondent No. 4, DU) has acted against public interest (i.e., patients and students) and is only focusing to serve the private interest of the employees and the staff of UCMS."

The Cabinet Decision dated 25.08.2005 was passed to find a solution to the chronic problem of dual administrative control of University of Delhi and GNCTD over UCMSB-GTBH. Noting the adverse effects of the dual control, a Division Bench of Delhi HC had earlier recorded that there existed administrative mismanagement in UCMSB-GTBH leading to poor medical services being provided to the citizens.

This decision was taken by the Cabinet based on the directions issued by the Division bench in its order dated 31st May 2002 to find an administrative solution. However, this decision remained unimplemented by the authorities until 2014. Finally, GNCTD issued an order dated 30th September, 2016 calling upon DU to hand over the complete administrative and financial control of UCMS to GNTCD with effect from 1st December 2016.

At this outset, the petitioners filed a plea in 2016 opposing the takeover of UCMS by GNTCD. They challenged the decision alleging that the said takeover is perceived apprehension that the promotions, inter-se seniority, service conditions and timely payment of salaries of the staff working at UCMS would be adversely affected due to the takeover.

The petitioners urged the court to ensure that the control of UCMS is retained by DU and not handed over to GNTCD. The counsel for the petitioners informed the bench that after filing the plea, the EC of the University by its resolution dated 15th July, 2017 had appealled to the central Government to reconsider its Cabinet decision. He further relied upon the resolution of EC dated 15th December, 2023 accepting the relocation plan of UCMS along with a proposal to allot land at Rohini.

He further argued that the growth and efficiency of both UCMS and GTBH suffered serious setbacks due to the current impasse of its administrative control. It was informed by the counsel that the infrastructure is seriously lacking and both institutions are in dire need of infusion of funds. He also relied upon the Relocation Plan filed before the EC of DU at its meeting dated 15th December, 2023.

While considering the matter, the Court opined that the non-implementation of the Cabinet Decision has acted against public interest and is only focusing to serve the private interest of the employees and the staff of the UCMS.

As per the Court, this is glaringly evident from the report of the incident of the unfortunate death of an injured patient on 02nd January, 2024, highlighting the failing and grossly lacking infrastructure at UCMS leading to non-provision of critical services to the patients.

"The Petitioners before this Court have been unable to show any violation of their fundamental rights and the only submission of the Petitioners appears to be their disgruntlement with the change of the identity of the employer. The grounds urged by the Petitioners do not make out any ground for our interference with decision of the Union Cabinet, even otherwise it has not been directly challenged by the contesting Petitioners," noted the bench.

Meanwhile, the Delhi Government submitted an undertaking before the Court stating that the funds or the budget for taking over UCMS will never be an issue and GNCTD will infuse the required funds, which are initially estimated by GNTCD at Rs 250 crores.

Referring to this, the HC bench mentioned in its judgment, "The undertaking of the Joint Secretary with Department of Health and Family Welfare Department, GNCTD given before this Court that all requisite funds required for UCMS will be made available and budget will not be an issue is accepted by this Court and taken on record. GNCTD is bound down to the said undertaking."

Paving the way for initiating the Delhi Government's plans to take over the institute, the bench ordered, "We accordingly find no merits in the reliefs sought in the present petitions and the same are dismissed along with pending applications. Interim order dated 16th November 2016 stands vacated."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-232893.pdf

Also Read: The UCMS-GTB Saga: Delhi Medical College looks for relocation